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  1. #21
    Join Date
    Nov 2013

    Default Re: Electric Company Tree Removal

    Quote Quoting Jenn Nelms
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    It’s not a subdivision. .
    It may not be a planned subdivision(as in a planned community) but at some point in the history of the property, your lot was part of a subdivision. When a large parcel of land is broken up into smaller parcels, that is also a subdivision.

    Quote Quoting Jenn Nelms
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    It’s a private 20 acre farm property that dead ends at a small country road. .
    Are you saying that your property is at the end of a small country road? If so, is it a county road, a municipal road, or a private road? Do these power lines run along the road passing other properties and then onto your property to provide you with service? Is the road maintained by a municipality, a county, or the state? If the answer is yes, then there would be an easement on the right-of-way for utilities.

    Quote Quoting Jenn Nelms
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    The plat is also free of easements.
    The plat you speak of, is it your plat (your property) or the original subdivision plat?

    Quote Quoting Jenn Nelms
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    The property deed lists no easements. I had the courthouse deed clerk search for any other easements associated with the property and there were none listed & I specifically asked “not even with the electric co?” And she said no.
    It is not uncommon to find no public utility easement on a deed or a separate public utility express easement grant recorded with reference to a specific parcel. That doesn't mean there isn't one. It may have been granted as part of an earlier subdivision when the property was subdivided and the road was created.

    Quote Quoting Jenn Nelms
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    The only pole/lines associated with these trees are electric lines that deliver supply to us only as we are dead end of the street on a 20 acre property.

    Yes, “lines” as in reference to electrical wires & they are partially on my property/1 of the supporting poles is located on my property.
    So these lines and poles are also on other properties even though your property is the only property with service at the present time. Are there other properties that could be serviced by these lines?

    Quote Quoting jk
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    The use, when supplying power to a single household is likely to be construed as permissive and as such, no prescriptive easement will be created..
    That is true when supplying power to one household, on its property, from existing service perhaps along a road. But it would be a question of fact as to who and when that permission was given. If in 1920 Mr. Jones gave the power company permission to put in poles and lines on his property to provide service then the land is subdivided and now you have to prove (in 2019) that it was permissive (after the subdivision) good luck with that. The fact that the power company has maintained those poles and lines would easily give rise to a prescriptive easement with maintaining those lines over the years.

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